From http://www.propertycasualty360.com
Costume Coverage
Gone are the days when a sheet with two holes for eyes constituted a costume. Those trying to circumvent the expense of Halloween by making their own costumes should use common sense around hazards like candles or fireplaces and be sure to read all manufacturer warnings.
Susan and Frank Ferlito attended a Halloween party dressed as Little Bo Peep and one of her sheep. Frank lit a cigarette and ignited his sheep costume, which was constructed from Johnson & Johnson cotton balls. A jury found the couple 50 percent at fault, but still awarded the Ferlitos a combined $625,000 in
Ferlito v. Johnson & Johnson.
The district court granted Johnson & Johnson’s motion for judgment notwithstanding the verdict. On appeal, the court affirmed the district court’s decision to set aside the jury verdict, and noted that cotton is a “simple product with all its essential characteristics apparent, including flammability.” Failure to warn was not found to be proximate to the cause of the injuries the plaintiff sustained and he had not testified that he would not have used the product if there had been a warning.
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